Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4135 of 2019 Applicant :- Bhure Lal And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, the learned AGA for the State and perused the record.
Applicants- Bhure Lal and Mor Singh seeks bail in Case Crime No. 358 of 2016, under Sections 363, 366, 376 IPC and 3/4 of POCSO Act, P.S. Jalalabad, District- Shahjahanpur.
Learned counsel for the applicants has submitted that applicants are not named in the first information report, however in the statement of the victim under Section 164 Cr.P.C. she has stated that the applicants assisted the main accused Sobran in forcibly taking her away. However, the police after investigation, submitted the charge-sheet only against Sobran and exonerated the applicants. Thereafter charges were framed against co- accused Sobran and he was put to trial. The statements of P.W.-1 and P.W.-2 were recorded. Thereafter P.W.-1 Dhan Devi moved an application under Section 319 Cr.P.C. and prayed that the applicants are also involved in the present case, as such they may also be summoned to face trial. The said application was allowed by the trial court vide order dated 12.7.2018. Pursuant to the said order, the applicants appeared before the trial court and moved an application for bail, however their bail application was rejected by the trial court. Learned counsel for the applicants has next submitted that only role assigned to the applicants is that of assisting the main accused Sobran in commission of rape upon the victim, however no allegation of rape has been made against the applicants. Learned counsel for the applicants has next submitted that co-accused Sobran against whom specific role of committing rape upon the victim has been made, has already been granted bail by this Court in Criminal Misc. Bail Application No. 2491 of 2017 vide order dated 20.1.2017. Lastly, it is submitted that applicants are in jail since 11.12.2018 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that co-accused Sobran against whom specific role of committing rape upon the victim has been made, has already been enlarged on bail by this Court.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicants have made out a case for bail.
Let applicants Bhure Lal and Mor Singh be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their personal attendance are exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.1.2019 KU